Fishing vessel found liable for damage to subsea cable following failure to avoid charted route

The High Court ruled in favour of the plaintiff, the operator of a subsea telecommunications cable, who brought an action for damages against the owners of a fishing vessel after its scallop dredges caused substantial damage to a fibre optic cable in the Irish Sea. The Court held the plaintiff had sufficiently established ownership of the cable, despite gaps in documentary evidence, based on long-standing group asset records and company accounts, and that the cable was directly damaged during trawling activity by the defendant’s vessel. The Court rejected the arguments that the cable’s unburied state or lack of ongoing monitoring constituted contributory negligence, finding no legal or practical duty for the owner to continually re-bury or monitor the cable, given the dynamic seabed environment and industry norms. The Court awarded the plaintiff the costs of repair, but refused to award interest, citing significant delay in prosecuting the claim and the complexity of quantifying damages as clear-cut. This case highlights the duty of mariners and fishermen to take active steps to avoid known undersea infrastructure, with the Court confirming fishing over charted cables can constitute negligence where reasonable steps—such as hauling up gear before crossing the cable—are not taken.